Greenport, N.Y., Code of Ordinances ch. 103 (eCode360 ed. 2026) § 103-15
Presumptions
Operative Text
A. The presence or existence of any of the following factors shall create a rebuttable presumption that a dwelling unit is being used for rental purposes: (1) Such dwelling unit is used or occupied by one or more persons that are not owners of the property (or otherwise related to such owners) at which such dwelling unit is located, and no owner is resident at such dwelling unit; (2) One or more persons residing in such dwelling unit represents that such person or one or more other persons who are not owners pay rent to the owner of such dwelling unit; (3) A sworn statement or testimony be a person having knowledge of the facts that it is common knowledge in the community that persons other than an owner (or persons related to such owner) reside at the applicable dwelling unit from time to time when no owner is present in the dwelling unit; (4) There are separate entrances for individual portions of the building containing a dwelling unit which do not provide for general access to the full building containing such dwelling unit; (5) There exists a written or oral lease or rental arrangement, payment or other agreement for occupancy of portions of such dwelling unit among an owner of such dwelling unit and any other person; or (6) An advertisement or listing is available in respect of such dwelling unit which purports that such dwelling unit is available for rent, lease or a short-term stay. B. The presence or existence of any of the following factors shall create a rebuttable presumption that a property is either a two-dwelling property or a multifamily property: (1) There is more than one mailbox at the property on which such dwelling unit is located (in the case of a property containing two mailboxes), the presumption shall be that such property is a two-dwelling property and, in the case of a property containing three or more mailboxes, the presumption shall be that such property is a multifamily property); (2) There is more than one electrical, water or gas utility meter for the property on which such dwelling unit is located (in the case of a property containing two such utility meters, the presumption shall be that such property is a two-dwelling property and in the case of a property containing more than three such utility meters, the presumption shall be that such property is a multifamily property); (3) Doors located for the building in which a dwelling unit is located contain individual identification numbers such as "#1", "#2", "#3", "A", "B" etc. and provide separate ingress or egress to distinct portions of the building in which such doors are located; (4) There is more than one connection line for cable television service or more than one antenna, satellite dish or related receiving equipment attached to the applicable dwelling unit; (5) Such dwelling unit is located on a property that is identified in the Town of Southold Tax Assessor's roll as falling under the following types of property classifications: "apartment" (but not "apartment - condo" or "apartment-co-op"), "Two Family Res," "multiple res" or "res multiple," or "attached row building"; or (6) There are two or more kitchens located in buildings located on the property on which such dwelling unit is located. Any of the foregoing presumptions may be rebutted by reasonable evidence to the contrary presented to the Building Inspector.
Section 103-15 of Greenport, N.Y., Code of Ordinances ch. 103 establishes two sets of rebuttable presumptions that local officials may use when evaluating rental properties. The first set identifies six circumstances — such as non-owner occupancy, representations of rent payment, separate entrances, written or oral rental agreements, or public rental listings — that trigger a presumption that a dwelling unit is being rented out. The second set identifies six circumstances — including multiple mailboxes, separate utility meters, numbered doors, multiple cable connections, certain tax-assessor classifications, or multiple kitchens — that trigger a presumption that a property contains two or more dwelling units. All of these presumptions are rebuttable, meaning a property owner may present reasonable contrary evidence to the Building Inspector to overcome them.
Plain English — not legal advice.
Under § 103-15, operators of residential properties in Greenport should be aware that common physical and documentary features of a property — such as multiple mailboxes, separate utility meters, numbered unit doors, or publicly available rental listings — can automatically trigger official presumptions about how the property is classified and used. Compliant operators generally maintain clear records that accurately reflect the property's occupancy status and physical configuration, so that any such presumption can be rebutted with reasonable evidence if necessary. Presenting that evidence to the Building Inspector is the mechanism the ordinance provides for challenging a presumption.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 103-15 of ch. 103 is relevant to tenants because the presumptions it establishes can be used to confirm that a dwelling unit is, in fact, being used as a rental — which may bear on a tenant's rights and protections under the broader ordinance. If a landlord disputes the rental or multi-unit character of a property, the factors listed in § 103-15 (such as separate entrances, rental advertisements, or multiple utility meters) may serve as evidence supporting a tenant's position. Tenants who have questions about how these presumptions apply to their housing situation may wish to consult a tenant-rights organization or review the full text of Greenport, N.Y., Code of Ordinances ch. 103 for additional context.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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